IMJM Volume 20 No.1, Jan 2021
where a plastic repair of a broken nose was reported in
the Edwin Smith Papyrus, one of the oldest surgical
manuscripts.1 Islam welcomes plastic surgery as long if it
is done in an attempt to reduce people’s suffering from
an illness and not for luxury purposes.2 The aim of
reconstructive surgery is mainly about restoring the
function of the human body after an accident or illness
such as trauma, body defects due to birth disorder,
burns, and disease.3 Within the field of plastic surgery,
there is another branch known as cosmetic surgery
which is a unique discipline that focused on the
enhancement of people’s appearance without an existing
medical condition through medical and surgical
ORIGINAL ARTICLE
Islamic Bioethics: A Case Study on Fatwa Related to
Cosmetic, Plastic and Reconstructive Surgery
Naqib Hamdan Ma*, Mohd Anuar Rb, Aminudin Hc, Nur Najwa Hanani ARa, Muhammad Faiz MSd,
Syamsul Azizul Me a Academy of Islamic Civilization, Faculty of Social Sciences and Huminities. Universiti Teknologi Malaysia, Johor.
b Academy of Islamic Studies, Universiti Malaya, Kuala Lumpur. c Centre of Research for Fiqh Science and Technology, Universiti Teknologi Malaysia, Johor
e Centre for the Promotion of Knowledge and Language Learning, Universiti Malaysia Sabah
d School of Biomedical Engineering and Health Sciences, Universiti Teknologi Malaysia.
Corresponding Author:
Dr. Mohammad Naqib Hamdan Academy of Islamic Civilization, Faculty of Social Sciences and Huminities,
Universiti Teknologi Malaysia, 81310 Skudai, Johor Tel No: +6011-2807 2356
Email: mohammadnaqib@utm.my
Plastic surgery is one of the branches of medicine that
has gained substantial popularity all over the world in
the last few decades. It is part of a surgical specialty that
focuses on multiple purposes including reconstruction
and modification of the human body. The history of
plastic surgery began in the era of 3000 – 2500 BC
ABSTRACT
INTRODUCTION: Cosmetic surgery, which is a type of elective surgery designed to alter the physical features of
the human body, is currently in high demand due to a combination of several main factors; namely low self-esteem,
the desire to achieve beauty standards set by society, and the ubiquity of mass media and social media influencers.
As a Muslim, cosmetic surgery must be evaluated from a jurisprudential lens to determine the level of necessity of
the procedure, whether it reached the stage of essential (darurah), or necessity (hajah), or complimetary (tahsinah),
along with close inspection of the maslahah dan mafsadah involved with the aspect of maslahah dan mafsadah in need
of further clarification. A close inspection of medical fatwas relating to cosmetic surgery reveals that procedures
that are intended solely for physical beautification with no medical justification whatsoever are forbidden.
MATERIALS AND METHODS: This study collect data from fatwas issued by seven fatwa institutions worldwide,
will look into the application of maqasid al-sharia in determining the legal status of cosmetic surgery in Islam. The
data was analysed thematically. RESULT: The findings from this study suggest that all fatwas pertaining to cosmetic
surgery were decided based on the considerations of maqasid al-sharia, which will greatly aid doctors and patients in
evaluating the need, or the lack thereof, to proceed with cosmetic surgery. CONCLUSION: The discussion of
Islamic law or fatwa related to medicine requires synergy between sharia experts and medical doctors.
KEYWORDS: maqasid al - shar i ’a, medical fatwas, cosmetic surgery, fatwa institutions, Islamic bioethics
72
techniques. Cosmetic surgery is usually done as an
elective procedure which isn’t considered to be essential
but could help to improve patient’s self-esteem and
sense of satisfaction with their refined physical
appearances.4
growth and managed to discover new types of microbes,
while also unveiling new treatment procedures and
healing devices, which are decidedly safer and more
complex than those used in previous centuries.
However, the profusion of these same groundbreaking
discoveries also meant that several procedures and
operations available today are known to lead towards
the willful alteration of God’s creation, such as plastic
and cosmetic surgery. Plastic and cosmetic surgery
inevitably leads toward the willful alteration of God’s
creation (known in Islamic jurisprudence as taghyir
khalqillh), which is an important fact since this act of
willful alteration has been strictly and clearly prohibited
by Allah Most High and Exalted be He, as attested by
the Quran, surah al-Nis’, verse 119. At the same time,
this verse, in particular, is general and left a lot of room
for multiple interpretations,5 which is why scholarly
exegesis should be obtained by the way of fatwas
deliberated by authoritative, internationally-or nationally
-acknowledged fatwa institutions through the method of
collective ijtihad.
phenomenon in Islamic jurisprudential discourse and
were never specifically explored by the salaf (early)
generations of Islamic scholars, although the
foundational aspects of such discussion can still be
referred to them using the technique of takyif fiqhi after
proper and exhaustive explanation by experts in the
medical field. For the uninitiated, takyif fiqhi is a process
of unearthing similarities between current issues and
previous issues already discussed by classical scholars, as
described by scholars of usul fiqh (Islamic jurisprudence):
“A legal ruling is decided based on the depiction
projected upon a specific issue”.6 In addition, medical
practice is a field where maqasid al-sharia is heavily
applied, especially in examining a legal opinion to
choose between the two evils and picking one out of
two benefits, among others.7-9
document that served as the main reference is a medical
fatwa decree decided by several international and
national fatwa bodies. It was collected using purposive
sampling. 23 medical fatwa decrees related to cosmetic
and plastic surgery were collected. The analysis began
with the translation of this medical fatwa and
deliberated with the application of maqasid al-sharia,
either by weighing between the maslahah and mafsadah, or
determining the degree of necessity of a particular
procedure, whether at the level of darurah, hajah or
tahsinah.
RESULT
surgery have been issued, specifically concerning; (i)
cosmetic and plastic surgeries (Table 1), (ii) dental
beautification (Table 2), (iii) vaginal reconstruction
(Table 3), and (iv) shaving one’s eyebrows for surgical
purposes (Table 3). These resolutions and fatwas have
been gathered from two international-level bodies
(International Fiqh Academy in Jeddah or MFID, and
the European Council for Fatwa and Research or
MUIB) as well as six national-level fatwa institutions
from four separate Muslim-majority countries, namely
Egypt (DIM), Saudi Arabia (HKU and LDF), Palestine
(HAF), Kuwait (DIF) and one from India (MFIH).
DISCUSSION
rapidly developing field of medical studies available
today. There are two stated purposes for this kind of
treatment; namely to either treat disfigurement or to
spruce up existing features. Two terminologies that keep
cropping up in the field of modern medicine regarding
the concept of beauty are aesthetic dan cosmetic, the
former comes from the Greek word aisth tikó s which
means “taste”,10 while the latter originated from the
Greek word ko sm e tik tekhn that carries the meaning
“the art of beautification”.11 Aesthetic medicine is a
branch of clinical practice that emphasize looks
73
International Bodies
National Bodies
Issues discussed
Cosmetic Surgery to Improve the Breasts, Abdomen and Facial Features
(9204) (1709) 1988
(6249) 2003
(6875) 2005
Table 1: Resolutions and Fatwas Concerning Cosmetic and Plastic Surgery
International- level institutions
HAF DIF MFIH
Wearing Dental Braces
physical countenance and psychological expression
through procedures that transform generally normal
(non-diseased) skin to achieve the goal(s) set by the
patient.12 It is based on several disciplines, chief among
them are dermatological studies and plastic surgery.
Table 2: Resolutions and Fatwas Concerning Dental Beautification
The procedures involved in aesthetic medicine can be
classified into invasive operations, quasi-invasive, and
non-invasive procedures, respectively. Invasive
transplant, vascular (blood vessel) laser surgery, and
cosmetic surgeries such as breast enlargement,
rhinoplasty, and liposuction, while quasi- or moderately-
invasive procedures involve incisions of the skin not
exceeding the fascia superficialis, such as Botox
injections and skin pigmentation laser treatment. Non-
invasive procedures do not require incisions to the skin
and include chemical peel treatment as well as intense
pulsed light treatment to remove pimples, among
others.12
HKU LDF
(83-3) 2010
Cosmetic surgery is defined as any kind of procedure
requested by a client to reshape the structure of a
normal body to augment one’s physical charms and self-
esteem, whether through surgical operations or
otherwise.13,14 Multiple factors can bring about the
desire for cosmetic surgery; namely, low self-esteem,
low self-satisfaction, poor evaluation of one’s beauty
and the influence of mass media.15,16 The main issue
that arose out of the practice of cosmetic surgery is the
question of willful alteration (taghyir) of God’s creations
into another form, either similar to the original version
or a completely new iteration; either of which is
inevitable results of cosmetic surgery. A prohibition by
Allah to this effect is present in the Surah Al-Nisa’,
verse 116-119, and Prophet’s hadith, stating that he
forbids al-washm (tattooing of one’s body), taflij al-asnan
(creating artificial gaps between one’s teeth), and al-wasl
(wearing wigs), as these acts are similar to be construed
as willful alteration of Allah’s natural creation.17
Cosmetic and Plastic Surgery
regarding cosmetic and plastic surgery have been
released by seven fatwa institutions the world over,
namely MFID,18 MUIB,19 DIM,20 LDF,21 HAF,22
DIF,23,24 and MFIH,25 spanning a total of sixteen fatwas
and resolutions that covered five main topics; (i)
cosmetic and plastic surgery in general, (ii) septoplasty
and rhinoplasty, (iii) reconstructive plastic surgery, (iv)
cosmetic surgery to improve the breasts, abdomen and
facial features, and (v) lip augmentation surgery for
women. HAF was the most prolific fatwa institution
with six fatwas issued, followed by the LDF and DIF
with three fatwas each while the rest of fatwa-issuing
bodies trailed behind with one resolution or fatwa each,
respectively.
74
Based on the text of these resolutions and fatwas stated
above, the researcher has concluded that these fatwa
institutions have considered the principles of maqasid al-
sharia while issuing these fatwa, as well as a few other
reasons. Contemporary scholars have classified cosmetic
and plastic surgery into three stages, essential
(darurah), necessity (hajah) and complimentary (tahsinah)
operations. Procedures categorized as darurah and hajah
are surgeries performed with the stated purpose of either
saving a patient’s life, or treating a patient, or restoring
the normal functions (or appearance) of a defective
body part. Hence, these two types of surgery aim to
expunge any kind of injury that afflicted the patient,
whether physical types such as burn injuries and post-
cancer breast reconstruction, or emotionally debilitating
abnormalities like the oversized nose or even breasts
larger than normal, inducing shame and loss of self-
confidence to interact with the wider society.
In view of these arguments, all of the stated fatwa-
issuing bodies have permitted cosmetic surgeries that
International-level institution
National-level institution
HAF DIF MFIH Legal status in Islam Number of Ruling(s)
Cosmetic and Plastic Surgery
2007 2014 (675) 1984
Permissible if reached the degree of either darurah or hajah
5
Cosmetic Surgery to Improve the Breasts, Abdomen, and Facial Features
(9204) (1709) 1988 (5856) 2002
3
(6249) 2003 (6875) 2005
Permissible at the stage of hajah
1
2
(83-3) 2010
1
Table 4: The Application of Maqas id Al-Sharia in Determining the Legal Status for Each Issue
Maslahah and mafsadah
several conditions that must be met, such as; (i) fully-
qualified surgeon leading the operation, (ii) reasonably
high chance of success, (iii) permission from the patient
in question, (iv) proper observation of the limits of
contact between male and female during the surgery.
Tahsinah types of surgeries, on the other hand, are
procedures performed solely for physical beautification
with no medical justification whatsoever. For example,
the surgical procedure for removing wrinkles on one’s
face or other areas of the body that resulted from the
aging process is proscribed by Islamic law. The majority
of fatwa institutions forbid surgeries that do not go
beyond tahsinah and have no other purpose save for
mere physical beautification; however, the MUIB has
slightly diverged from this consensus by further dividing
the tahsinah classification into two smaller categories,
i.e (i) permissible tahsinah-category operations, and (ii)
prohibited tahsinah-level procedures. According to
MUIB, Islamically-permissible tahsinah surgeries involve
75
the restoration of the normal functions of a defective
part of the human body, in which the abnormality will
negatively affect the emotional well-being of the patient,
while a surgery performed to remove physically-
debilitating anomalies is classified as hajah; conversely,
Islamic teachings forbid tahsinah types of surgeries that
are intended solely for beautification. The truth of the
matter is that the MUIB’s opinion differs only in their
classification of the levels of necessity (awlawiyyat), as it
led to the same conclusion as others, in permitting
cosmetic surgery for patients with abysmal self-
confidence due to abnormally-shaped limbs or other
body parts.
this permissibility must be accompanied by strict
conditions. It is greatly feared that this reasoning will be
abused by opportunistic individuals, even though the
abnormality is rather trivial, and the need for counseling
and improving one’s faith in God is more pressing than
outright surgery. This principle is aligned with an Islamic
jurisprudence maxim that states: “When a matter
becomes too narrow, then it must be widened, and if
something has become too wide, it must be narrowed
back again”.26
claims a lack of self-esteem as an excuse must undergo
counseling with a psychiatrist to evaluate his actual need
for the surgery. In this way, the only patients who can
undergo the surgery are those who genuinely lack self-
esteem or self-confidence due to physical abnormalities.
Dental Beautification
dental braces, (ii) dental gold crowning, (iii) teeth
realignment, and (iv) denture restoration, as decided by
three fatwa institutions – the DIM,27 the LDF,21 and the
HAF.22 All four of these procedures have been stated as
permissible by the triad of fatwa bodies according to the
hadith which encouraged Muslims to seek treatment if
afflicted by a disease. The DIM commented that this
permissibility is based on the Islamic jurisprudential
maxim of “Any harm must be removed”,28 and that the
procedure of installing the dental braces must be
performed by a qualified dentist.
According to the LDF dan HAF, teeth realignment and
dental gold crowning are both permissible as they have
reached the hajah level of necessity, with the following
quoted from the HAF fatwa:
“[HAF]: The installation of dental braces ...
if intended to cure either congenital or
possible deformity, that can result in
unappealing physical features, or cause
physical or emotional distress, or
precipitate a malformed bodily figure, then
it is allowed based on the consideration of
the overarching (maqasid concerns) of
maslahah hajiyyah. If there are other
purposes (such as mere beautification), the
operation is not allowed to proceed as it
will inevitably lead to taghyir khalqillah
(alteration of God’s creation) and
dishonesty.
necessitate it.
treatment or removing sources of physical and
emotional distress is permissible, elevating it to the
hajiyyah level of necessity. On the other hand,
procedures performed with the sole intention of mere
superficial beautification are forbidden as they are
included in the definition of taghyir khalqillah, which is
strictly prohibited by Islamic jurisprudence.
Vaginal Reconstructive Surgery and Shaving the
Eyebrows for Surgical Purposes
According to Table III, HAF has been the sole fatwa
institution that has issued a fatwa on vaginal
reconstructive surgery, promulgated in the year 2002.22
The fatwa was produced in response to a question
posed to the HAF, which was as follows:
“Repeated childbirths can result in the
slackening/loosening of the vagina, which
is why a considerable number of women
76
underwent vaginoplasty without a
surgery, the patient is going to receive a
high dosage of anesthesia, while bleeding
and failure are ever-present risks in these
types of surgeries. What is the ruling on
vaginal reconstructive surgery? Are the
doctors and patients involved with this
kind of surgery sinful?”
foreseeable hazard on the life of the patient, she is
cleared to undergo vaginal reconstructive surgery to
restore the pre-labor vaginal condition. This
permissibility is given to guarantee patient’s maslahah
without specifying the maslahah itself. One of the forms
of maslahah that ought to be considered to proceed with
vaginal reconstructive surgery is building up the wife’s
confidence to cater to her spouse’s needs, as well as the
husband’s sexual satisfaction. In other words, it must be
included in the definition of a treatment process.
The act of removing the eyebrows itself is explicitly
forbidden by Prophet’s hadith, although a fatwa by the
DIF in the year 201029 permitted women to shave their
eyebrows for treatment purposes, based on the
jurisprudential maxims of; (i) The existence of harm
necessitate the loosening of restrictions and (ii)
Removing harm.
which are, (i) the lack of any alternatives aside from
shaving one’s eyebrows, and (ii) the absence of
consequent harm arising out of the shaving of the
eyebrows.
RESULT
-sharia, either by comparing between the maslahah and
mafsadah, or determining the level of necessity of a
particular procedure, whether at the level of darurah,
hajah or tahsinah. In general, the fatwas in question
agreed on the permissibility of surgeries that reached the
status of darurah and hajah, but if the procedure is
conducted solely for superficial beautification, then it
fell under the category of tahsinah and therefore
prohibited. Hence, this study has exhibited the
indubitable link between maqasid al-sharia with the field
of medical studies, which made the involvement of
expert medical practitioners all the more important in
determining the degree of necessity for a cosmetic
surgical procedure, whether at the level of darurah, hajah
or tahsinah. After all, this sort of consideration cannot be
left for the Islamic scholars to deliberate on their own
personal capacity.30,31
reference for prospects dealing with cosmetic surgery at
the stage of complimentary (tahsiniyyah): Firstly, the acts
identified are not explicitly mentioned in the Quran or
prophetic hadiths. For example, the indicants (dalil) that
prohibit al-wasl, al-washm, al-washr, al-nams and al-tafalluj.
The same goes to the prophet’s prohibition to cut the
hair in the style known as qaza’, that is shaving some
parts of the head whilst leaving other parts with hair.
Secondly, the acts that are not contradictory to general
Islamic principles such as:
Not assimilating (tashabbuh) with transgressors.
Based on a hadith of the prophet: Whoever imitates a people
is one of them.32 According to al-Munawi and al-‘Alqami,
the target people of the hadith are people who wear
similar clothes (of the people they want to assimilate),
live the same life-style either in similar dress codes or
imitating their actions.33 Whereas, Al-Qari said: “Those
are the people who imitate infidels in their style of
clothing and others, or the venial sinner (fasiq), bad
people, sufists or God-fearing men, hence, they will be
granted sins or rewards based on people they follow”.33
Not assimilating (tashabbuh) with non-Muslims.
The prophet said: “He’s not from amongst us who
imitates other than us, do not imitate the Jews or the
Christians.34 According to Suhail Hassan, there are
several terms in permitting assimilation with non-
Muslims in worldly deeds: (1) The act does not reflect
one’s religious faith or representation of the faith, (2) No
indicants in their religion or scriptures specifically
77
mention the act is obliged upon them, (3) No indicants
in their religion or scriptures expressly prohibit such
action from being carried out and (4) The act does not
contradict fundamental principles in Islam.35
Some scholars are in the opinion that despite
assimilation (tashubbuh) is not to be taken lightly
according to the prophet’s hadith. However, its
implication on cosmetic surgery is challenging to be
determined as every race and country has both Muslims
and non-Muslims, good people, and fasiq living side by
side. Determining any act as representing a specific
religion or culture is challenging indeed. One act may
represent a symbol of non-Muslim in Country A but not
in Country B; another act may represent a symbol for a
prostitute in Country A but not in Country B.36 Thus,
determining an act as assimilation is arduous unless
there is input from the local community. The fiqhi
method states: Customs can be a method in defining a
ruling.28,37 This research believes that assimilation is not
limited to religion; it can be further expanded to
assimilating with animals. This is because some people
alter their bodies to assimilate animals, among them are
Tom Leppard who wanted to become a leopard, and
Dennis Avner who wanted to become a cat. Both of
them went through a procedure to alter their physical
appearances, especially in their faces and teeth.38
Does not lead to gender confusion (men resemble
women and vice versa).
Based on a hadith narrated by ‘Ikrimah RA: Allah’s
Apostle curses men who resemble women and women who resemble
men.39 According to al-Tabari: This prohibition includes
dress codes and embellishments, which are specific to
men and or women. Al-‘Asqalani added that this
prohibition also includes restrictions on how to talk and
walk. While the concept of dress codes varies according
to the custom of each country, it is possible that a
country does not distinguish the dress codes between
men and women, but the basic principle is that women
must cover their heads and bodies. The injunction in
resembling the way to talk and walk, it is only for those
who intentionally imitates it. If he were born that way,
then he would have to abandon the act in stages. It is
only sinful to deliberately leave the situation as to be
without any effort to change the way one speaks and
walks that resemble the other gender.40
Hence, men are prohibited from altering themselves to
look like women or become women such as in
procedures of penis and testis removals, breast implants,
taking estrogen and progesterone hormones to alter
their physical appearance and emotional state. These
hormones will affect changes such as breast growth,
thinner skin, hair growth, and muscle decrease. Sexual
desires will also change after this hormone intake.
Women also are prohibited from altering themselves to
appear like men or become men such as in penis
reconstructions or transplant procedures and
testosterone intake to change their physical appearance
and emotion. These hormones will cause the skin to
become rougher physically, slower hair growth, and
little facial changes on the eyebrows, cheeks, nose, and
jaw.
legis in prohibiting altering God’s creation (taghyir
khalqillah) by using examples of wives who alter her
body to appear younger in ascertaining more nafkah or
older adults who undergo body alteration to marry
younger counterparts. This research believes that this
ratio legis still applies, but its application may change.
For example, for a marriage to take place without the
knowledge of the bride’s and groom’s age is few to
none. All information such as name and date of birth
should be provided to authorities who manage the
marriage records. The element of domestic fraud also
seems to be a misnomer because Islam encourages
wives to appear beautiful before their husbands. It is
reported that the Prophet (may peace be upon him)
once rebuked a female companion (sahabiyyah) who
did not apply henna on her hand.32, ‘Aishah herself
reprimanded sahabiyyah who did not care for their
appearances.41
According to al-Jubair, the prohibition of fraud has to
do with concealing the truth. An act is considered
deceptive and prohibited if it involves the rights of
others, but if it does not involve the rights of others,
there is no prohibition on such acts but rather a
personal affair.36 This is in line with the views of some
scholars who require the use of a wig if it does not lead
to fraud as the people around know that it is not real
hair. Therefore, the same applies to medical surgery or
78
procedure that leads to fraud, and infringement of the
rights of others is prohibited. For example, criminals
who perform surgical procedures on their faces or
thumbs to escape from authorities, or prostitutes who
perform hymenoplasty (surgical repair of the hymen) to
conceal their sins.
Many indicants show that Islam is a religion that cares
about beauty. The value of beauty recommended in
Islam is modest and moderate beauty. When it comes to
the question of if a Muslim is born with facial defects
such as a gap between teeth, large moles, or attached
earlobes, is he prohibited from resorting to cosmetic
surgery? Or a Muslim is born perfect but still feels ugly
and less confident, can that be a reason for cosmetic
surgery? In addition to keeping the human body from
being sick, Islam also celebrates humanistic feelings as
leaving feelings unchecked can harm the emotions. ‘Abd
al-Karim Zaidan commented on al-Tabari’s ban from
cutting off additional fingers:
fingers may be because the removal is painful. However,
I am in the opinion that the scope of pain must be
expanded to physical and also emotional (al-Darar al-
Ma‘nawi). Therefore, women are permitted to pull out
their teeth or remove teeth with abnormal growth to
eliminate the defect. This is because it can be dreadful
to the emotion, although the fact that teeth removal is
because of beauty”.42
absolute excuse to allow cosmetic surgery, what needs
to be done instead is referring to related experts in the
field. It is possible that the feeling of physical beauty
inferiority might be caused by the ungrateful attitude
towards the present physical state or because of
discontentment of the physique set by Allah SWT.
Hence, the best cure is by planting the feeling of
gratitude (shukr) at the same time, increase faith in Him.
Another equally important condition Islam has set in
embellishment is no element of tabarruj. Tabarruj is
excess in embellishment where a woman showcases
parts of the body that are better left covered from
foreign men (ajnabi), as well as wearing clothes appealing
to men’s eyes.43
The fiqh method is the following: “In two harms,
Muslim must avoid the graver harm by opting for the
lesser harm”.37 According to this method, al-Nawawi
also prohibits the removal of bumps or growths in the
body if the process can lead to more significant harm.44
The application of this fiqh method often occurs in
surgery because there is always a risk during the surgical
procedure. Doctors shall only resort to surgery if the
treatment process without surgery is ineffective or less
effective. Therefore, the need for surgery or medical
operation depends on the assessment of the two harms.
The procedure is allowed if the harm that occurs after
that is lighter than leaving the patient in such a state
without any procedure.
process
Awrah is parts of the Muslim body obligatory to be
concealed and shall never be revealed except with
mahram (unmarriageable kin). The permissibility of
looking at awrah is only allowed in the state darurah or
hajah. Therefore, the permissibility of any medical
procedure at areas of awrah is only allowed for daruriyyah
and hajiyyah conditions. Ibn Qudamah said: Doctors are
allowed to see their patients’ awrah based as per
treatment needs.45 According to al-‘Izz bin ‘Abd al-
Salam: “Covering the awrah and reproductory organs are
compulsory as they are the most precious parts of the
body, especially for foreign women. However, they can
be uncovered in darurah or hajah conditions. For
example, the condition of hajah is between husband and
wife, the owner to his woman slave, the witness to
observe the accused during a trial and doctor during the
process of treatment”.7 However, the permissibility of
looking at awrah is not allowed in absolution; it must be
tied to another guiding method: The permissibility of
darurah is evaluated based on the need for darurah itself.28,
37
in Islam, such as:
A high success rate
must have a high probability of success. Otherwise, it is
79
IMJM Volume 20 No.1, Jan 2021
not allowed as it can be harmful to humans. Al-‘Izz bin
‘Abd al-Salam holds that: “To gain benefit (maslahah) in
the world and hereafter and avoid harm (mafsadah) are
dependent on intellectual consideration, which is
inclined to the dominant likelihood (ghalabah al-zann).
Many people drive their life according to their dominant
likelihood. Traders take the risk of travel because they
recognise their capability to gain profit, the same as
patients who seek treatment because they believe they
will be the cure of an illness”.7
Patient consent
physician must obtain the consent of the patient. This is
based on the story of the Prophet (PBUH) who was
angry with one of his companions who had given him
medicine although was forbidden before that. ‘Aisyah
narrates: We put medicine in one side of his mouth, but
he started waving us not to insert the medicine into his
mouth. We said, “He dislikes the medicine as a patient
usually does.” But when he came to his senses he said,
“Did I not forbid you to put medicine (by force) in the
side of my mouth?” We said, “We thought it was just
because a patient usually dislikes medicine.” He said,
“None of those who are in the house but will be forced
to take medicine in the side of his mouth while I am
watching, except Al-‘Abbas, for he had not witnessed
your deed”.39,v This hadith indicates the need for a
patient’s consent and prohibition of the medical
procedure unless the patient requests it (except in
emergency condition). If the doctor does something
contrary to the patient’s wishes, the patient may demand
qisas against the doctor’s actions.
The doctor performing the medical procedure has
adequate qualities
mistake during the process, he or she must bear any
errors and losses. Al-Khattabi said: “A person who
deliberately treats without qualification and leads to
disability, he has to bear the loss”.32 Ibn al-Qayyim
added: “A person who performs treatment in a state of
ignorance in medicine may cause death or harm”.46
ACKNOWLEDGEMENTS
Malaysia (UTM) Fundemntal Research, entitle:
“Kerangka dan Model Fiqh Perubatan dan Bio-Etika
Islam” (Q.J130000.2553.21H32). We would like to thank
Mr. Muzzammil bin Shamsudin and Abdul Muhaimin
bin Misran for translating this article.
REFERENCES
Shiffman MA, Di Giuseppe A, eds. Cosmetic
Surgery: Art and Techniques. 1st ed. Berlin,
Heidelberg: Springer Berlin Heidelberg; 2013.
2. Ben-Ari S. The changing attitude of Islam toward
cosmetic procedures and plastic surgery. Acta
Orient Acad Sci Hungaricae. 2013 Jun; 66(2): 147–
61.
https://www.rcseng.ac.uk/news-and-events/media
-centre/media-background-briefings-and-statistics/
plastic-and-reconstructive/
What Is The Difference?. Stephen McCulley. 2019
[cited 2019 Nov 4]. Available from: https://
www.stephenmcculley.co.uk/resource-centre/
cosmetic-surgery-and-plastic-surgery-what-is-the-
difference/
Khalqillah Menurut Muhaddithin: Analisis Terhadap
Hadis Larangan Al-Wasl, Al-Washm, Al-Nams dan Al
-Tafalluj. In: Khadher A, Sedek A, Monika @
Munirah AR, eds. Pengajian Al-Sunnah Al-
Nabawiyyah: Metode Dan Aliran. 1st ed. Kuala
Lumpur: APIUM; 2017; 75–92.
6. Husain MA. Dawabit al-Ifta’ fi al-Mustajiddat al-
Tibbiyyah. In: Seminar al-Tajdid fi al-Fatwa bayn al-
Nazariyyah wa al-Tatbiq. Cairo, Egypt; 290–304.
7. Al-Salam I al-D ’Abd. al-Qawa’id al-Kubra (Qawa’id al
-Ahkam fi Islah al-Anam). 1st ed. Nazih Hammad,
Uthman Dumairiyyah, eds. Damascus: Dar al-
Qalam; 2000.
Beirut: Dar Ibn Hazm; 2001.
9. Padela AI. Using the Maqasid al-Shariah to
80
Practical Issues. J Bioeth Inq. 2019; 16: 347–352.
10. Bleakley A, Marshall R, Brömer R. Toward an
Aesthetic Medicine: Developing a Core Medical
Humanities Undergraduate Curriculum. J Med
Humanit. 2006; 27(4): 197–213.
11. Online Etymology Dictionary. [cited 2019 Jul 28].
Available from: https://www.etymonline.com/
Aesthetic Medical Practice. Malaysia; 2016.
Available from: http://www.moh.gov.my/moh/
Surgery and the Practice of Medicine. South
African Fam Pract. 2008; 50(1): 50–2.
14. Furnham A, Levitas J. Factors that motivate people
to undergo cosmetic surgery. Can J Plast Surg.
2012; 20(4): 47–50.
students’ intention to receive cosmetic surgery in
the future: A structural equation modeling
approach. J Med Mark. 2011; 11(2): 127–143.
16. Voelker T, Pentina I. Cosmetic Surgery Intent
Among Generation Y Consumers: A Social
Network Perspective. Health Mark Q. 2011; 28(1):
38–56.
Dan Rekonstruksi Yang Melibatkan Pengubahan
Ciptaan Allah SWT: Analisis Berdasarkan
Parameter Maqasid al-Shari’ah. In: Sa’adan M,
Mohd SAMN, Raihana AW, Nurulhuda AZ, eds.
Maqasid al-Shariah: Aplikasi Dalam Aspek Sains
& Teknologi. 1st ed. Kuala Lumpur: APIUM; 2016:
101–14.
Jul 23]. Available from: http://www.iifa-
aifi.org/2283.html
Available from: https://www.e-cfr.org/ -
Jul 23]. Available from: http://dar-alifta.org.eg/
AR/ViewFatwa.aspx?
21. Muhammad IA al-S, Abd al-AB, al-Lajnah al-
Da’imah, Hai’ah Kibar al-’Ulama. al-Fatawa al-
Muta’alliqah li Ahkam al-Tibb wa al-Marda (Medical
Fatwa Related to Medicine and Patient). 1st ed. Al-
Fawzan SF ’Abdullah, ed. Riyad: al-Ri’asah al-
’Ammah li al-Buhuth wa al-Ifta; 2014.
22. Ministry of Wakaf and Islamic Affairs. Majmu’ah al-
Fatawa al-Shar’iyyah (Collection of Islamic Fatwa).
1st ed. Kuwait: Ministry of Waqf and Religiuos
Affairs.
min Qararat Majlis al-Fatwa al-A’la (Selected Fatwa
Decree from Supreme Council). 1st ed. Palestine: al
-Sultah al-Wataniyyah al-Filastiniyyah.
Jul 23]. Available from: http://www.darifta.org/
majles2014/showfile/show.php?id=47
al-Hind: al-Nadawat 1-26, al-Qararat 1-114. 1st ed.
New Delhi: 2017.
Damascus: Dar al-Fikr; 2006.
2019 Jul 23]. Available from: http://dar-
alifta.org.eg/AR/ViewFatwa.aspx?
28. Al-Suyuti A al-R bin AB. al-Ashbah wa al-Naza’ir.
Beirut: Dar al-Kutub al-‘Ilmiyyah; 1990.
29. DIF. al-Washm Makan al-Hajib li Fatah Tu’rad li
Hadith ’inda al-Sighar (Shaving Eyebrow for Medical
Surgery). [cited 2019 Jul 23]. Available from:
http://www.darifta.org/majles2014/showfile/
MJSJ. The Realization of Islamic Jurisprudence
Transformation in the Classical and Contemporary
Fiqh Issues. Al-Qanatir Int J Islam Stud. 2018; 12
(1): 10–21.
Kerajaan Dalam Mewajibkan Vaksinasi Kanak-
kanak: Kajian Menurut Perspektif Hukum Islam.
Umr Int J Islam Civilizational Stud. 2019; 6(2): 21–
35.
and ‘Adil al-S. Beirut: Dar Ibn Hazm; 1997.
33. Abadi, Abu al-TMSHA. ‘Awn al-Ma‘bud, printed
with al-Jawziyyah, al-Hafiz SDIQ, Ta‘liqat Ibn
Qayyim, ed. ‘Isam al-DS. Cairo: Dar al-Hadith; 2001.
34. Al-Tirmidhi, Muhammad IS. Sunan al-Tirmidhi, ed.
Muhammad NDA. Riyad: Maktabah al-Ma‘arif;
1996.
81
35. Suhail HAG. al-Sunan wa al-Athar fi al-Nahy ‘an al-
Tashabbuh bi al-Kuffar. Riyad: Dar al-Salaf; 1995.
36. Al-Jubair, Hani AM. al-Dawabit al-Shar‘iyyah li al-
‘Amaliyyat al-Tajmiliyyah in Proceeding Seminar al-
‘Amaliyyat al-Tajmiliyyah bayn al-Shar‘ wa al-Tibb;
1436H.
37. Ibn N, Zayn al-DIM. al-Ashbah wa al-Naza’ir ‘ala al-
Madhhab Abi Hanifah al-Nu‘man, ed. Zakariyya U.
Beirut: Dar al-Kutub al-‘Ilmiyyah; 1999.
38. Frank S. The People with Animal Powers, from the
official website of BBC. 2014 [cited 2020 July 12].
http://www.bbc.com/future/story/20140407-the-
people-with-animal-powers.
Hadith Rasulillah SAW wa Sunani-hi wa Ayyami-hi, ed.
Muhibb al-DK, Muhammad FAB and Qusay
MDK. Cairo: Maktabah al-Salafiyyah; 1979.
40. Al-‘Asqalani, Ahmad AH. Fath al-Bari bi Sharh Sahih
al-Imam Abi ‘Abdillah Muhammad bin Isma‘il al-
Bukhari, ed. ‘Abd al-QSH. Riyad: Amir Sultan bin
‘Abd al-‘Aziz Ali Su‘ud; 2001.
41. Al-Dhahabi, Muhammad AU. Siyar A‘lam al-
Nubala’. Beirut: Mu’assasah al-Risalah; 2001.
42. Zaidan, ‘Abd al-K. Al-Mufassal fi Ahkam al-Mar’ah
wa al-Bayt al-Muslim fi al-Shari‘ah al-Islamiyyah. Beirut:
Mu’assasah al-Risalah; 1993.
43. The Ministry of Waqaf of Kuwait. Al-Mausu‘ah al-
Fiqhiyyah al-Kuwaitiyyah (Kuwait Encyclopedia of
Islamic Law). Kuwait: Dhat al-Salasil; 1987.
44. Al-Nawawi. Rawdah al-Talibin, printed with al-
Suyuti, al-Minhaj al-Sawi fi Tarjumah al-Imam al-
Nawawi wa Muntaqa al-Yunbu‘ fi-ma Zada ‘ala al-
Rawdah min al-Furu‘, ed. ‘Adil AAM and ‘Ali MM.
Riyad: Dar ‘Alam al-Kutub; 2003.
45. Ibn Qudamah, Muwaffaq al-Din ‘Abdullah bin
Ahmad bin Muhammad al-Maqdisi. Al-Mughni
Sharh Mukhtasar al-Kharqi, ed. ‘Abdullah bin ‘Abd al-
Muhsin al-Turki dan ‘Abd al-Fattah Muhammad al-
Halw. Riyad: Dar ‘Alam al-Kutub, 1997, 9:498.
46. Ibn Qayyim al-J. Jami‘ al-Fiqh, ed. Yusri SM.
Mansurah: Dar al-Wafa’; 2000.